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The document ceased to be valid since May 13, 2018 according to Item 2 of the Resolution of Board of National Bank of the Republic of Kazakhstan of March 27, 2018 No. 60

RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of February 24, 2012 No. 100

About approval of Rules of reference of subjects to receipt of the bank by the affiliated organization acquiring doubtful and bad assets of parent bank, the income to the income from implementation of types of activity, stipulated by the legislation the Republic of Kazakhstan about banks and banking activity

(as amended of the Resolution of Board of National Bank of the Republic of Kazakhstan of 28.10.2016 No. 265)

According to the Law of the Republic of Kazakhstan of December 28, 2011 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning banking regulation and the financial organizations regarding risk minimization" the Board of National Bank of the Republic of Kazakhstan DECIDES:

1. Approve Rules of reference of subjects to receipt of the bank by the affiliated organization acquiring doubtful and bad assets of parent bank, the income to the income from implementation of types of activity, stipulated by the legislation the Republic of Kazakhstan about banks and banking activity.

2. This resolution becomes effective after ten calendar days after day of its first official publication.

Chairman of National Bank

G. Marchenko

It is approved

Ministry of Finance of the Republic of Kazakhstan

Minister 

March 16, 2012 

 

 

B. Zhamishev

Approved by the Resolution of Board of National Bank of the Republic of Kazakhstan of February 24, 2012 No. 100

Rules of reference of subjects to receipt of the bank by the affiliated organization acquiring doubtful and bad assets of parent bank, the income to the income from implementation of types of activity, stipulated by the legislation the Republic of Kazakhstan about banks and banking activity

1. These rules of reference of subjects to receipt of the bank by the affiliated organization acquiring doubtful and bad assets of parent bank, the income to the income from implementation of types of activity, stipulated by the legislation the Republic of Kazakhstan about banks and banking activity (further - Rules) are developed according to the Code of the Republic of Kazakhstan of December 10, 2008 "About taxes and other obligatory payments in the budget" (Tax code) and establish procedure for reference of subjects to receipt of the income of the affiliated organization of bank of the second level acquiring doubtful and bad assets of parent bank (further - the Organization), to the income from implementation of the types of activity permitted by the Law of the Republic of Kazakhstan of August 31, 1995 "About banks and banking activity in the Republic of Kazakhstan" (further - the Law on banks).

2. For the purposes of Rules the following concepts are used:

1) the main activities of the Organization - the activities directed to implementation of actions for improvement of quality of doubtful and bad assets of parent bank;

2) nonbasic organization activity - other activities which are not relating to the main activities;

3) assets on the main activities - the resources controlled by the Organization as a result of last events from which receipt of future economic benefits is expected;

4) the income of the Organization - increase in economic benefits during the accounting period in the form of inflow or increments of assets or reduction of obligations which lead to the increase in the capital other than the increase connected with fees of persons participating in the capital.

3. Types of the main activities of the Organization:

1) acquisition of doubtful and hopeless rights to claim of parent bank;

2) the real estate acquisition and (or) the property rights to objects of construction in progress which carried over parent bank as a result of the address of collection on pledged property on the acquired doubtful and hopeless the rights to claim;

3) share acquisition and (or) share in the authorized capital of legal entities in cases of their acceptance as pledge (compensation or providing) on the acquired doubtful and hopeless the rights to claim;

4) leasing of the real estate which passed into its property as a result of the address of claim to property, acting as pledge, other providing or received in the form of compensation on the doubtful and hopeless the rights to claim acquired at parent bank, and also the property specified in the subitem 2) of this Item or to use other form of paid temporary use by such property;

5) realization of own property, the acquired (received) as a result of implementation of actions for improvement quality of doubtful and bad assets;

6) realization of doubtful and bad assets;

7) issue of loan within implementation of actions, doubtful and bad assets specified in the actions plan on improvement of quality, (further - the actions plan), No. 71 conforming to requirements of the resolution of Board of National Bank of the Republic of Kazakhstan of April 23, 2014 "About approval of Rules of activities of the affiliated organization acquiring doubtful and bad assets of the parent bank" registered in the Register of state registration of regulatory legal acts at No. 9486 (further – Rules No. 71);

8) transfer of doubtful and bad assets, and also own property to leasing (including - financial), lease or other form of paid temporary use of property;

9) carrying out transaction on securitization of doubtful and bad assets;

10) implementation of the activities directed to construction, completion of construction and (or) putting into operation of real estate objects on doubtful and bad assets in the form of the parcels of land and (or) objects of construction in progress;

11) placement of temporarily spare cash received as a result of debt repayment in government securities of the Republic of Kazakhstan, and also in deposits (deposits) in banks of the second level of the Republic of Kazakhstan;

12) realization in the procedure for pledged property established by the bank law of the Republic of Kazakhstan according to hopeless and doubtful requirements;

13) acquisition of services of banks, other financial organizations, independent estimative companies, professional experts and international auditors and auditing organizations by assessment, trust management, restructuring and recovery (increase) of cost of doubtful and bad assets;

14) acquisition, management and (or) implementation of shares and (or) shares in the authorized capital of the legal entities who are in pledge at parent bank or the affiliated organizations of the banks of the second level acquiring doubtful and bad assets of parent bank;

15) receipt of dividends according to shares and (or) shares in the authorized capital of the legal entities specified in the subitem 14) of this Item;

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